Prosecutors in a drunk driving case could not introduce scientific evidence of the defendant's blood alcohol level at the time of his accident that was predicated on the results of a blood test taken more than two hours later, the Nevada Supreme Court has ruled in affirming judgment. The defendant was charged with driving under the influence after he was involved in a two-vehicle collision. A blood test taken more than two hours after the accident indicated a blood alcohol level of .18. The defendant argued that the result was inadmissible under state law because the blood test was taken outside the statutory two- hour window and there wasn't a second blood sample to corroborate that result.
Prosecutors failed to sufficiently authenticate pages posted on a woman's MySpace account that were introduced to show that she had threatened a witness in a murder case, Maryland's highest court has ruled in reversing a conviction. The defendant was charged with shooting and killing a man at a bar. At trial, prosecutors introduced pages purportedly from the MySpace website of the defendant's girlfriend. The pages included the statement "snitches get stitches," which tended to corroborate the state's contention that the girlfriend had threatened a witness in the murder case.
DRUG POSSESSION, DRUG TRAFFICKING, POSSESSION OF CRIMINAL TOOLS, BENCH TRIAL, INADMISSIBLE EVIDENCE, INSUFFICIENT EVIDENCE
A jury in a personal injury case should not have heard evidence that the plaintiff's healthcare providers accepted $40,000 from his insurer in full satisfaction of his $250,000 in medical bills, the Colorado Supreme Court has ruled in granting a new trial. The plaintiff suffered head injuries while making a delivery to a Wal-Mart store. He sued Wal-Mart for negligence. At trial, Wal-Mart was permitted to introduce evidence that, even though the plaintiff had $250,000 in medical bills, his healthcare providers accepted $40,000 from his insurer in full satisfaction of the amount owed.
Evidence of an attempted murder defendant's post-custody, pre- Miranda silence should not have been admitted as evidence of his guilt, the Arizona Supreme Court has ruled. The defendant allegedly shot another man in an apartment. Witnesses to the shooting detained the defendant at the scene until police arrived to take him into custody. As the defendant was being led away by police, one of the witnesses exclaimed that the defendant was the shooter. The defendant allegedly failed to respond to the accusation.
A judge Friday rejected a defense attorney's attempt to toss out murder charges against Fort Carson soldier Frank Lee Miller a week after a courtroom mistake by prosecutors led to a mistrial. In arguing her motion, public defender Kim Chalmers said prosecutors sabotaged the trial on its seventh and possibly final day by showing jurors a DVD containing inadmissible evidence.
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